Chapter 8.06
FIREWORKS

Sections:

8.06.010    Purpose.

8.06.020    State law adopted.

8.06.030    City – Local public agency – Local government – Defined.

8.06.040    Public display – Permit required.

8.06.050    Retail sales – Permit required.

8.06.060    Inspections required.

8.06.070    Activities to be conducted in a safe and reasonable manner.

8.06.080    Retail permit – Appeal.

8.06.090    Permit revocation.

8.06.100    Penalty.

8.06.110    Severability.

8.06.010 Purpose.

It is the intent of this chapter to provide a procedure for the granting of permits, and the possession, sale and discharge of fireworks. (Ord. 1037-09 § 2 (Exh. A))

8.06.020 State law adopted.

Chapter 70.77 RCW pertaining to fireworks is adopted by this chapter by reference as though stated in its entirety in this chapter. (Ord. 1037-09 § 2 (Exh. A))

8.06.030 City – Local public agency – Local government – Defined.

The terms “city,” “local public agency,” and “local government,” as used in the sections of Chapter 70.77 RCW that are adopted by reference in this chapter, shall mean the city of Sultan. (Ord. 1037-09 § 2 (Exh. A))

8.06.040 Public display – Permit required.

A permit for a public display of fireworks may be issued by the city council if and when they deem it advisable. The city may place reasonable conditions on any permit issued. (Ord. 1037-09 § 2 (Exh. A))

8.06.050 Retail sales – Permit required.

It is unlawful for any person, firm, partnership or corporation to engage in the retail sale of fireworks within the city without first having obtained a permit from the city. Application for a permit shall be made in writing accompanied by a permit fee as established in the city’s fee schedule as adopted by resolution. The city may place reasonable conditions on any permit issued. (Ord. 1037-09 § 2 (Exh. A))

8.06.060 Inspections required.

Prior to the issuance of any permit, the building official or his or her designee shall perform an inspection of any structure or building intended for retail activity, wholesale activity, manufacturing activity, fireworks storage, or public display of fireworks, to determine whether such structures or buildings comply with the requirements of the Revised Code of Washington, the Washington Administrative Code or the city code. No permit shall be issued until such structures or buildings comply with applicable laws. (Ord. 1037-09 § 2 (Exh. A))

8.06.070 Activities to be conducted in a safe and reasonable manner.

A. All retailers of fireworks or persons publicly displaying fireworks shall be responsible for conducting activities in a manner that is safe and responsible and in compliance with all federal, state, and local laws and regulations. The issuance of any permit required by this chapter shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner. The issuance of a permit shall not be deemed an endorsement by the city of Sultan of the activity engaged in.

B. The city shall not be liable to any person, corporation, entity or holder of property for any damage that is caused by or derived from the display of fireworks, and the person displaying fireworks assumes all risks of such display, and shall hold the city and its employees and officials harmless from any and all claims or causes of action for damage caused by or derived from such display. (Ord. 1037-09 § 2 (Exh. A))

8.06.080 Retail permit – Appeal.

The person applying for a retail permit to sell fireworks may appeal in writing the denial of the permit or the conditions of the permit to the city council. The appeal shall be based solely upon written information provided by the applicant, and no hearing shall be required. The determination of the city council of the appeal shall be final. (Ord. 1037-09 § 2 (Exh. A))

8.06.090 Permit revocation.

Violations of any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of the permittee to obey any rule, regulation or request of the fire chief or his or her designee concerning fireworks, shall be grounds for the revocation of a fireworks permit. (Ord. 1037-09 § 2 (Exh. A))

8.06.100 Penalty.

Except as otherwise provided in this chapter, any person violating any provision of this chapter or any permit issued pursuant to this chapter is guilty of a misdemeanor punishable by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. A person is guilty of a separate offense for each day or occurrence during which he or she commits, continues, or permits a violation of any provision of, or permit issued under, this chapter. (Ord. 1219-15 § 3; Ord. 1037-09 § 2 (Exh. A))

8.06.110 Severability.

This chapter is severable and if any portion of it shall be declared invalid or unconstitutional, the remaining portion shall remain valid and enforceable. (Ord. 1037-09 § 2 (Exh. A))